HomeMy WebLinkAboutContract 41016CITY SECRETARY
CONTRACT NO.
INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY
COLLEGE DISTRICT AND THE CITY OF FORT WORTH
FOR PUBLIC SAFETY INSTITUTE TRAINING
This Agreement is between the Tarrant County College District ("TCCD" or "College"), a
legally constituted junior college district located within Tarrant County, Texas, acting herein by
and through Dr. Amick Jackson, Dean of Public Services & Social/Behavioral Sciences Division,
and the City of Fort Worth ("City"), a home rule municipal corporation of the State of Texas,
acting herein by and through Tom Higgins, its duly authorized Assistant City Manager.
SECTION I.
RECITALS
WHEREAS, this Agreement is made under the authority granted to the City and TCCD pursuant
to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION
ACT;
WHEREAS, TCCD and the City are both local governments, as defined in Tex. Gov't Code §
791.003(4) (A);
WHEREAS, TCCD and the City agree that the subject of this Agreement is necessary for the
benefit of the public and that each has the legal authority to perform and to provide the
government function or service which is the subject matter of this Agreement; and
WHEREAS, TCCD and the City believe that the performance of this Agreement is in the
common interest of both parties and that the division of costs fairly compensates the performing
party for the services or functions under this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties
agree as follows:
SECTION II.
PU OSE
The purpose of this Agreement is to enter into a training agreement to utilize TCCD's Fire
Service Training Center (FSTC).
SECTION III.
TERM
The term of this Agreement is from October 1, 2010 through September 30, 2012.
ueriiwAL kk,CUIRD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement between Tarrant County College District and
the City of Fort Worth for Public Safety Institute Training Page 1 of 7
®B
A. TCCD will provide:
SECTION IV.
JJIGATIONS OF PARTIES
IE
1. An organized block of instruction and access to required training center facilities on a
scheduled basis throughout the term of the agreement.
The block of instruction shall include:
Up to 20 8-hour days of Live Fire Training per year conducted at the Tarrant County
College FSTC including 2 instructors per day to operate simulation equipment.
Additional Live Fire days may be added on a space -available basis billed at a rate of
$700.00 per day. Additional Instructors may be added upon request at a billable rate of
$25.00 per hour.
Use of the FSTC for Non Live Fire courses including EMT In -Service, Fire In -Service,
High Rise Drills, Hazardous Materials CE, and TRT Training. Instructional staff for
these courses will consist of on duty Fort Worth Fire Department. Additional TCC
instructional staff may be added upon request at a billable rate of $25.00 per hour.
2. Qualified and experienced coordinator(s) and instructors.
3. Instructional personnel who are qualified in the specific area of training.
4. Course registration, administration, certificates of completion, and Continuing Education
Units, if appropriate.
5. Oversight of facility and course schedules and maintenance of accurate records of student
attendance.
6. All utilities necessary for each course at no additional cost to the City.
7. A permanent record of each student's participation in each course via a transcript made
available to students upon request.
8. Access to TCCD facilities necessary for completion of courses.
9. The City shall be invoiced for $20,000.00 upon commencement of training. If this
Agreement is terminated before the completion of the then -current term, or if TCCD does
not meet its obligations under this Section IV (A) for any reason whatsoever, the City
shall be refunded a prorated amount for the services not performed by TCCD.
10. An invoice to the City of all additional amounts owed by the City within seven (7) days
of completion of each class if the City has not prepaid for the course.
Interlocal Agreement between Tarrant County College District and
the City of Fort Worth for Public Safety Institute Training
CITY
T,
i r-k V �:a d si"
i
Page 2 of 7
Interlocal Agreement between Tarrant County College District and
the City of Fort Worth for Public Safety Institute Training
B. The City, acting by and through its Fire Department, will provide:
1. A check made payable to TCCD in the amount $20,000.00 for the period of one year
beginning upon approval by both Parties and renewing automatically for additional one-
year periods. Either Party may terminate this Agreement without penalty upon sixty days
notice in writing to the other Party.
2. All pertinent paperwork on students required by the Coordinator of the Fire Service
Training Center or the Texas Commission on Fire Protection (TCFP).
3. Oversight of student scheduling and attendance.
SECTION V.
USE OF CURRENT
VJ K,NTJES
4
Each party paying for the performance of governmental functions or services under this
Agreement shall make those payments from current revenues available to the paying party.
SECTION VI.
RESCHEDULING CLASS ES
A. If classes must be canceled because of severe weather or other unforeseen circumstances,
rescheduling will be made as soon as possible at a time mutually agreeable to both parties.
B. In order for TCCD to offer Continuing Education Units (CEU's) to employees of the City of
Fort Worth, the College must comply with its internal policies and regulations, the rules and
guidelines of the Southern Association of Colleges and Schools Commission on Colleges,
the Texas Higher Education Coordinating Board, and the State of Texas. In the matters of
curriculum and instruction, the College must be able to demonstrate it is in sole and
complete control of the curriculum and the instructor with "sole and complete control"
defined to mean the College has the authority and right to establish, review, and modify, if
appropriate, the curriculum, to approve/disapprove any instructor(s) and to cause an
instructor to be removed from the teaching and learning environment, if appropriate. The
signature of the undersigned indicates agreement with, and acceptance of, these
requirements.
SECTION VII.
ENTIRE AGREEMENT
This written instrument and any attached exhibits constitutes the entire agreement by the parties
hereto concerning the work and services to be performed and any prior or contemporaneous, oral
or written agreement, which purports to vary from the terms hereof, shall be void.
N n P,;'� � ;.«� �.:. .tea
� ftn • Wm
CITY SECRETARY
a
Ft O iT H
Page 3 of 7
SECTION VIII.
MODWICAr!iON9 O I IE': THAN TE] MKNA''1( N9,
0IK AGREEMENT
No modification, other than termination, of this Agreement will be effective unless it is in
writing and signed by the parties.
SECTION IX.
TERMINATION OF AGREEMENT
his Agreement may be terminated by either party hereto, in whole or in part, at any time and for
any reason, upon written notice to the other party. Such written notice shall specify the effective date
of the termination.
SECTION X.
SUCCESSORS AND ASSIGNS
The City and TCCD shall not assign or otherwise transfer their rights and obligations under this
agreement except with prior written consent of the other party, and any prohibited assignment or
transfer shall be null and void.
SECTION XI.
NO AGENCY, PARTNERSHIP OR JOINT ENTERPRISE
This Agreement will not be construed in any form or manner to establish a partnership, joint
venture or agency, express or implied, or any employer -employee, borrowed servant or joint
enterprise relationship by and among the parties.
SECTION XII.
INDEPENDENT CONTRACTOR
Each party shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the other party.
SECTION XIII.
IMMUNITY
It is expressly understood and agreed that in the execution of this Agreement, neither party
waives or shall be deemed hereby to waive any immunity or defense that would otherwise be
available to it against claims arising in any way under this Agreement.
Interlocal Agreement between Tarrant County College District and
the City of Fort Worth for Public Safety Institute Training
titisiCr x 1'j13 G7
C1TY sF E RY
Page 4 of 7
SECTION XIV.
',MA ' I L'°JFY FOR JcWI N ' OR
COMPARATIVE N 114: I 411GENCE
A. Comparative Responsibility laws. The City and TCCD agree that any liability or damages as
stated above occurring during the performance of this Agreement and caused by the joint or
comparative negligence of the City, TCCD, their agents, servants, officers and/or employees
shall be determined in accordance with the Comparative Responsibility Laws of The State of
Texas.
B. No waiver of Tort Claims protections. Nothing in this Agreement waives any immunity,
protection, right, limitation or cap on damages, as recognized in the Texas Tort Claims Act as
to either of the parties, or as to any third party.
SECTION XV.
NOTICES.
.
Any notice provided for or permitted under this Agreement shall be made in writing and may be
given or served by (i) delivering the same in person to the party to be notified, or (ii) depositing
the same in the mail, postage prepaid, certified with return receipt requested, and addressed to
the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by registered mail
on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Section XV, it
will be effective upon receipt. For the purpose of notice, the addresses of the parties are, until
changed as provided below, as follows:
City of Fort Worth
City of Fort Worth
Rudy Jackson
Fire Dept.
1000 Throckmorton
Fort Worth TX 76102
Tel: 817.392.6805
Fax: 817.392.8940
Tarrant County College District
Northwest Campus
Attention: Dr. Arrick Jackson
4801 Marine Creek Parkway
Fort Worth, TX 76179=3 599
Tel: 817.515.7770
Fax: 817.515.7445
The parties may from time to time change their respective addresses, and each shall have the
right to specify as its address any other address upon at least ten days written notice to the other
party.
r�
6 Kris L
rcc-
Ca '5'cc.:"aT .'?%tom'.
Fop ` Re e f fl
na -
i
1
Interlocal Agreement between Tarrant County College District and
the City of Fort Worth for Public Safety Institute Training Page 5 of 7
SECTION XVI.
FORC
K MAJE
It is expressly understood and agreed by the parties to this Agreement that if the performance of
any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement
weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national
disasters; riots; material or labor restrictions; transportation problems; or any other circumstances
which are reasonably beyond the control of the party obligated or permitted under the terms of
this Agreement to do or perform the same, regardless of whether any such circumstance is
similar to any of those enumerated or not, the party so obligated or permitted shall be excused
from doing or performing the same during such period of delay, so that the time period
applicable to such design or construction requirement shall be extended for a period of time
equal to the period such party was delayed.
SECTION XVII.
WAIVER OF DEFAULT
No waiver by the parties hereto of any default or breach or the failure to insist upon the
performance of any term, condition, provisions or covenant of this Agreement shall be deemed to
be a waiver or relinquishment to any extent of any other breach of the same or any other term,
condition, provision, or covenant contained herein or the right of the parties to assert or rely upon
any such term.
SECTION XVIII.
APPLICABLE LAW ANT» VENUE
A. Texas laws apply. This Agreement shall be construed in accordance with the laws of the
State of Texas.
B. Venue. Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance or non-performance of this Agreement,
venue for said action shall lie in Tarrant County, Texas or the United States District Court of
the Northern District of the State of Texas -Fort Worth Division.
SECTION XIX.
SEVERABILITY OF PROVISIONS
If any of the provisions contained in this Agreement shall be held, for any reason, to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
Interlocal Agreement between Tarrant County College District and
the City of Fort Worth for Public Safety Institute Training
OFFICIAL RECORD
CITY CE O.TARY
Ft =F 1 t TX
Page 6 of 7
SECTION XX.
SECTION HEADINGS
The headings in this Agreement are inserted for reference only and shall not define or limit the
provisions hereof.
SECTION XXI.
SIGNATURE AUTHORITY
The undersigned officer and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto.
SECTION XXII.
MULTIPLE ORIGINALS
The parties have executed multiple originals of this Agreement, each of which shall be
considered an original document.
Executed this 19t day of At 42ftr►1�.re , 201 O
TARRANT COUNTY COLLEGE DISTRICT
CITY OF FORT WORTH
�
Tom Higgins tant City
Manager
Approved as to Form and Legality:
oatatty
$(YMsistant City Atto
ATTEST:
imt cc,
City Secretary
M & C No.
y
ago
000000
kb
Interlocal Agreement between Tarrant County College District and
the City of Fort Worth for Public Safety Institute Training
i
( tf
Steve Keller
Coordinator, Fire Service Training Center
/i
Legunaia....
Dr. Amick Jackson
Dean, Public Services & Social/Behavioral
Sciences
4
Dr. ary G d in
'Vice Presi , nt for Continuing Education
OFFICIAL fa
CITY SE ETARe
Et we RT r
so
7of7
M&C Review
Page 1 of 2
DATE:
Mr
SaMW
COUNCIL ACTION: Approved on 10/26/2010
, :WET , .<e :.
10/26/2010 REFERENCE
NO.:
CODE: C
S UBJECT:
TYPE:
**C-24558
Official site of the City of Fort Worth, Texas
FORT WORTH
LOG NAME: 36TCCFIRETRAINING
PUBLIC
HEARING:
Authorize an Interlocal Agreement Between Tarrant County College District and the City of
Fort Worth for Public Safety Institute Training in an Amount Not to Exceed $20,000.00
Wawa:
CONSENT
NO
RECOMMENDATION:
It is recommended that the City Council authorize an Interlocal Agreement with Tarrant County
College District for Public Safety Institute Training in an amount not to exceed $20,000.00.
DISCUSSION:
The Tarrant County College Interlocal Agreement will provide the use of the Tarrant County College
(TCC) Northwest Campus fire ground props and classrooms during a time when the current Fort
Worth Fire and Police Training Center will be without fire ground props. The Trinity River project is
due to acquire the fire ground portion of the Training Center sometime in 2010 due to utility
movement and re-routing of roads.
The term of this agreement shall be from October 1, 2010 through September 30, 2012.
The block of instruction shall include:
Up to 20 eight hour days of live fire training conducted at the TCC Fire Service Training Center
including two instructors per day to operate simulation equipment. Additional live fire days may be
added on a space -available basis billed at a rate of $700 00 per day. Additional instructors may be
added upon request at a billable rate of $25.00 per hour.
Use of the Fire Service Training Center for non live fire courses including EMT in-service, Fire in-
service high rise drills, hazardous materials continuing education and TRT training. Instructional staff
for these courses will consist of on duty Fort Worth Fire Department personnel. Additional TCC
instructional staff may be added upon request at a billable rate of $25.00 per hour.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0368000 $20,000.00
S ubmitted for City Manager's Office by: Charles Daniels (6199)
O riginating Department Head: Rudy Jackson (6801)
Additional Information Contact:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=13813&councildate=10/26/2010 11/1/2010
M&C Review
Page 2 of 2
ATTACHMENTS
TCC Training Contract.PDF
Rudy Jackson (6801)
http://apps.cfwnet org/couneil_packetime_review.asp?ID=1 3 8 13 &councildate=1 0/26/201 0 11/1/2010